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When the seller knowingly lies about an existing concealed defect (active fraud).
When the seller doesn't lie but takes steps to prevent the discovery of a concealed defect.
When a seller knows about a concealed defect and does not attempt to conceal it, but makes no disclosures of its existence.
The Georgia Association of REAL TORS® developed a unique tool to help a seller disclose defects in the property. It is a list of questions relative to the physical condition of the seller's property called the Seller's Property Disclosure Statement. The GAR contract provides that this form becomes a part of the sales contract and assumes that the buyer will see this list before making an offer on that particular property. Sellers are not obligated to complete this form since we are still a caveat emptor state, but the seller should be aware that:
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